Recognition of Overseas Unilateral Divorce after K v K: The Implications for Divorced Spouses’ and Child Dependants’ Financial Support, State Welfare & Public Policy

The article considers the system by which unilateral divorce that has been effected overseas, usually by just one party to the marriage,can be recognised by the UK courts. As part of that analysis it examines the impact of the divorce on the welfare of the other spouse, children, and in some cases other family dependants living in the UK -for example older people living in the same household. Consideration is given to the policy implications of the recognition regime, especially in cases where a lack of spousal or child maintenance provision means that the State welfare system, including social security, social housing, community care providers, meet the needs of those family members. Given that those family members may not be UK or EU nationals, it looks at the difficulties they may face in accessing UK welfare support if they do not have 'residence' rights following the divorce, and if they are subject to other barriers to assistance - for example if they cannot demonstrate a 'derived' right of residence based on children's residence status.